Opuni case: Dr Opuni seeks recusal of Justice Dotse-Justice Dotse denies the allegation

Barely hours to the ruling of the Supreme Court on the October 12 motion for review filed by the Attorney General, lawyers for Dr. Stephen Opuni have filed an application seeking Justice Jones Dotse to recuse himself from the Supreme Court review panel.

On October 12, 2021, the apex court sat on a review application filed by the Attorney General relative to a July 28, 2021 decision that saw a 3-2 majority decision by the court.

The AG applied for a review of the said decision which culminated in an order prohibiting Justice Honyenuga from presiding on the Opuni trial per an application filed in June this year by the former CEO of COCOBOD, Dr. Stephen Opuni to that effect.

In moving his motion for a review, the Attorney General contended that the 28th July decision of the Court contained fundamental and grave errors that have resulted in a miscarriage of Justice.

“Attorney General respectfully contends that the earlier decision of the ordinary bench of this honorable Court dated 28th July 2021 contained fundamental and grave errors which have manifestly resulted in a substantial miscarriage of justice impairing the rights of the state to a fair trial,” he said.

Furthermore, the AG argued that “There may be no greater threat to a trial, qua fair trial than the secondary observation of witness accounts artificialized by an impugned ruling.” AG’s statement noted.

Mr. Stephen Opuni brought an application before the Supreme Court in July, praying for an order of certiorari directed at the High Court Criminal Division 1, Accra to quash a part of the ruling of the High Court presided over by His Lordship Justice Clemence Jackson Honyenugah, JSC, sitting as an additional High Court Judge and for an order of prohibition to prohibit him from continuing with the case.

This application, according to Dr. Opuni, was informed by a ruling by Justice Honyenuga on his application for submission of no case.

According to Dr. Opuni’s lawyers, the trial judge per his rejection of some witness statements they submitted as evidence, erred in law.

However, by a majority decision with the opinion rendered by Justice Pwamang and supported by Justice Dordzie(Mrs) and Justice Tanko Amadu, the Supreme Court made an order prohibiting Justice Honyenuga from presiding on the trial.

The dissenting opinion, on the other hand, consisted of Justice Dotse and Justice Lovelace-Johnson.

The review application is being heard by Justices Gertrude Torkonoo and Prof Ashie Kotey, who have joined the original panel.

In his affidavit for Justice Dotse’s recusal, Dr. Opuni referred to a widely circulated video on the internet by a US-based Ghanaian Journalist, Kelvin Taylor.

In the said video, the Journalist, Kelvin Taylor is said to have made an allegation to the effect that the Attorney General, Godfred Dame went to the office of Justice Jones Dotse, who is presiding on the case on October 15, 2021, to have an about two hours discussion with him.

Further to the above, Dr. Opuni alleges that while serving as Deputy Attorney General, Mr. Dame attended a town hall meeting by the London based NPP supporters on April 6, where he made a statement to the effect that;

“Even with regards to that, the prosecution has started, and I can allude to four cases of persons, close associates with John Mahama administration. The first is the Opuni trial. We all know Dr. Opuni was one person who was used by the Mahama Administration to perpetrate wrongdoings. Now there is a prosecution of the former COCOBOD CEO, Dr. Opuni, it is ongoing, and it involves various huge sums of money as losses to the State,” he noted.

According to Dr. Opuni, the above statement indicates that his case has been unnecessarily elevated to an instance of corruption of the NDC, the success of which would have a bearing on the political fortunes of the present ruling party of which the Attorney General is an appointee.

He also insists that the conduct of the learned Attorney General in giving a political twist to his case at the time he was Deputy Attorney General, together with the statement by other political bigwigs of the ruling party leaves him in no doubt that it is in the interest of the government that he will be convicted for purely political reasons as in the words of the Attorney General.

Dr. Opuni, therefore, indicates that this meeting alleged to have taken place days after the court had heard oral arguments leaves him in serious doubts of the impartiality of Justice Jones Dotse thus wanting Justice Dotse to recuse himself.

On the other hand, Justice Jones Dotse has denied all the above allegations leveled against him by Dr.Stephen Opuni.

In his affidavit in opposition, Justice Jones Dotse indicates;

“My attention has been drawn to an application filed on behalf of the Applicant/Respondent/Applicant herein Stephen Kwabena Opuni to have me recuse myself from the review panel on grounds contained therein.

“Save that in my capacity as Acting Chief ]ustice during the absence of His Lordship the Chief ]ustice, Anin Yeboah from the country from Monday, 11th October 2021, to Monday, 18th October 2021., the Attorney-General paid a visit to me in my office, I deny the remaining averments contained in paragraph 6 of the affidavit in support,” it states in part.

Justice Dotse asserts that the said visit of the Attorney General was in relation to matters concerning the Ghana School of Law.

“In further denial, I state that, the visit of the Hon. Attorney-General was in relation to matters concerning the Ghana School of Law because I had also assumed the position of Acting Chairman of the General Legal Council,” he noted.

Additionally, he states that anybody with sound legal knowledge and training will understand that in the course of our work as ]udges, it is normal for Judges of my stature and the Attorney-General and senior staff of the Office of Attorney-General and Ministry of Justice to come into contact on regular basis.

In conclusion, Justice Jones Dotse insists that the instant application by Dr.Stephen Opuni has been actuated by malice and poor judgment thus the brazen attempt to connect these events to me is equally in bad taste and completely unwarranted.

“Apart from issues touching the Ghana School of Law (GSL) which I discussed with the Attorney-General on the 15th of October 2021, and which did not last more than 20 minutes, I believe that the instant application has been actuated by malice and poor judgment,” he indicated.

“…and the brazen attempt to connect these events to me are equally in bad taste and completely unwarranted,” he added.

The Supreme Court is meanwhile expected to give its ruling on the instant motion for review filed by the Attorney General today.